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All Outputs (41)

Asset-based approaches, older people and social care: an analysis and critique (2018)
Journal Article
(2018). Asset-based approaches, older people and social care: an analysis and critique. Ageing and society, 1087-1099. https://doi.org/10.1017/s0144686x17000071

Asset-based thinking is increasingly prevalent in health policy and is to be found also in discourses on social care. This article explores and critiques the applicability of asset-based approaches to social care for older people, using Carol Bacchi’... Read More about Asset-based approaches, older people and social care: an analysis and critique.

The Foundations of Conscientious Objection: Against Freedom and Autonomy (2018)
Journal Article
Nehushtan, Y., & Danaher, J. (2018). The Foundations of Conscientious Objection: Against Freedom and Autonomy. Jurisprudence, 541-565. https://doi.org/10.1080/20403313.2018.1454031

According to the common view, conscientious objection is grounded in autonomy or in ‘freedom of conscience’ and is tolerated out of respect for the objector's autonomy. Emphasising freedom of conscience or autonomy as a central concept within the iss... Read More about The Foundations of Conscientious Objection: Against Freedom and Autonomy.

It Is not Just About Investor-State Arbitration: A Look at Case C-284/16, Achmea BV (2018)
Journal Article
(2018). It Is not Just About Investor-State Arbitration: A Look at Case C-284/16, Achmea BV

In the much-awaited Achmea judgment (of 6 March 2018, case C-284/16 [GC]), the Court of Justice held that investor-state tribunals (ISTs), “such as” the one under the Netherlands-Slovakia intra-EU bilateral investment treaty (BIT) are incompatible wi... Read More about It Is not Just About Investor-State Arbitration: A Look at Case C-284/16, Achmea BV.

The EU-US data privacy and counter-terrorism agreements: What lessons for transatlantic institutionalisation? (2018)
Book Chapter
(2018). The EU-US data privacy and counter-terrorism agreements: What lessons for transatlantic institutionalisation?. In Institutionalisation beyond the Nation State (55 - 74). https://doi.org/10.1007/978-3-319-50221-2_4

This chapter explores the forms of governance that the EU–US PNR, TFTP, Privacy Shield and Umbrella Agreement have established in the transatlantic data space by looking at the relevant rules, procedures and institutions. It concludes that transatlan... Read More about The EU-US data privacy and counter-terrorism agreements: What lessons for transatlantic institutionalisation?.

Supported Decision-Making from Theory to Practice: Implementing the Right to Enjoy Legal Capacity (2018)
Journal Article
Harding, R., & Tascioglu, E. (2018). Supported Decision-Making from Theory to Practice: Implementing the Right to Enjoy Legal Capacity. Societies, 25 - 25. https://doi.org/10.3390/soc8020025

The right to equal recognition before the law, protected by Article 12 of the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD), mandates the use of supported decision-making practices to enable disabled people, particu... Read More about Supported Decision-Making from Theory to Practice: Implementing the Right to Enjoy Legal Capacity.

Compensating injury to autonomy in English negligence law: Inconsistent recognition (2018)
Journal Article
Keren-Paz, T. (2018). Compensating injury to autonomy in English negligence law: Inconsistent recognition. Medical Law Review, 26(4), 585-609. https://doi.org/10.1093/medlaw/fwy009

Recently in Shaw v Kovac, the Court of Appeal seemed to have rejected a standalone injury to autonomy (ITA) as actionable in negligence, in an informed consent case. In this article, I argue that Shaw can be explained away, and that English law recog... Read More about Compensating injury to autonomy in English negligence law: Inconsistent recognition.

Death, dying and maintaining hope: ethical tensions and responsibilities for end of life care in the prison setting (2018)
Book Chapter
Wrigley, A. (in press). Death, dying and maintaining hope: ethical tensions and responsibilities for end of life care in the prison setting. In Loss, Dying and Bereavement in the Criminal Justice System. Taylor & Francis (Routledge). https://doi.org/10.4324/9781315270166-3

This chapter focuses on the need for one vital yet oft-ignored aspect of end of-life care: that of hope. End-of-life care for prisoners is therefore delivered in a highly strict and rigid environment offering far from ideal end-of-life care condition... Read More about Death, dying and maintaining hope: ethical tensions and responsibilities for end of life care in the prison setting.

Are ‘pseudonymised’ data always personal data? Implications of the GDPR for administrative data research in the UK (2018)
Journal Article
Aidinlis. (2018). Are ‘pseudonymised’ data always personal data? Implications of the GDPR for administrative data research in the UK. Computer Law and Security Review, 222 - 233. https://doi.org/10.1016/j.clsr.2018.01.002

There has naturally been a good deal of discussion of the forthcoming General Data Protection Regulation. One issue of interest to all data controllers, and of particular concern for researchers, is whether the GDPR expands the scope of personal data... Read More about Are ‘pseudonymised’ data always personal data? Implications of the GDPR for administrative data research in the UK.

Revisiting the Feminist Critique of Rights: Lessons for a New Older Persons' Convention? (2018)
Book Chapter
Pritchard-Jones, L. (2018). Revisiting the Feminist Critique of Rights: Lessons for a New Older Persons' Convention?. In Ageing, Gender and Family Law (109-124)

There are two main strands into which feminist criticisms of human rights fall. The first is criticisms of the utility and efficacy of human rights laws specifically applicable to women, notably, treaties such as the Convention on the Elimination of... Read More about Revisiting the Feminist Critique of Rights: Lessons for a New Older Persons' Convention?.

Operationalizing the Right to Health through the Pandemic Influenza Preparedness Framework (2018)
Journal Article
(2018). Operationalizing the Right to Health through the Pandemic Influenza Preparedness Framework

Developing states lack access to pandemic influenza vaccines. The provision of ‘essential’ medicines is a core, non-derogable obligation of the right to health in the International Covenant on Economic, Social and Cultural Rights (ICESCR), which stat... Read More about Operationalizing the Right to Health through the Pandemic Influenza Preparedness Framework.

The debate about wheelchair spaces on buses goes ‘round and round’: access to public transport for people with disabilities as a human right (2018)
Journal Article
Pearson, A. (2018). The debate about wheelchair spaces on buses goes ‘round and round’: access to public transport for people with disabilities as a human right. Northern Ireland Legal Quarterly, https://doi.org/10.53386/nilq.v69i1.68

This article examines the cases bought by Paulley concerning access to buses for wheelchair users when the wheelchair space is occupied by a buggy. It argues that the conclusion by the Supreme Court was unsatisfactory and a missed opportunity for a p... Read More about The debate about wheelchair spaces on buses goes ‘round and round’: access to public transport for people with disabilities as a human right.

‘Adults at Risk’: ‘Vulnerability’ by Any Other Name? (2018)
Journal Article
Pritchard-Jones. (2018). ‘Adults at Risk’: ‘Vulnerability’ by Any Other Name?. Journal of Adult Protection, 47-58. https://doi.org/10.1108/JAP-07-2017-0029

Purpose The purpose of this paper is to explore and critique the conceptual and terminological shift – particularly from ‘vulnerability’ to ‘adult at risk’ - in adult safeguarding under the Care Act 2014 and the Social Services and Well-being (Wales... Read More about ‘Adults at Risk’: ‘Vulnerability’ by Any Other Name?.

Contre le droit-de-l'hommisme intégral (2018)
Presentation / Conference
Prost, M. (2018, February). Contre le droit-de-l'hommisme intégral. Presented at Fragmentation et droits de l'homme,, Université Paris Nanterre, France

Fragmentation et droits de l`homme: contre le droits-de-l'hommisme intégral (2018)
Journal Article
Prost, M. (2018). Fragmentation et droits de l`homme: contre le droits-de-l'hommisme intégral. https://doi.org/10.4000/revdh.5500

Does the absence of legal unity challenge the universality of human rights? Is the systematic integration of human rights in other branches of law a remedy to fragmentation? This article offers a critique of « integral human-rightism », i.e. the proj... Read More about Fragmentation et droits de l`homme: contre le droits-de-l'hommisme intégral.